Terms of Use

Description of Service and Acceptance
Theo Presents is committed to providing quality products and content for the enjoyment and entertainment of customers and viewers. Please read the terms carefully. If you have any questions on these terms, you may contact our customer service department at the contact information listed below.

Changes to the Terms of Use by Whitestone Media
Whitestone Media and/or Theo Presents may change the Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Theo Presents’ site. Any visit to the Theo Presents’ site, or use of Theo Presents’ content or products will demonstrate an agreement to any change that has been made and posted. Because of this condition, it is important that any visitor or customer visits this page regularly to ensure that they are aware and in agreement with updated policies put in place.

Access and Use of the Theo Presents Content and Products
Any user of the Theo Presents’ site must be at least 13 years of age or older. We are in compliance with the requirements as defined in the COPPA (Children’s Online Privacy Protection Act), and we do not knowingly collect any personally identifiable information from anyone under 13 years of age. Any subscription or submission of personally identifiable information must be done by a person of 18 years of age or older.

Your License: The content and products of Theo Presents are protected, among other things, by the copyright, trademark and unfair competition laws of the United States and the various states (“intellectual property rights.”) Theo Presents grants customers a limited license to access and make personal, non-commercial use of purchased goods, both tangible and intangible, protected by its intellectual property rights, when such products are obtained from a recognized Theo Presents’ distributor, affiliate, retailer and/or representative. Whitestone Media owns and retains all rights to the Theo Presents products and services.

The Content: Visitors may view any Theo Presents’ site and use content for their own use and all copyright or other proprietary notices on Content must not be removed at any point. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means) publication, modification, copying, translation, broadcast, performance, display, sale or transmission of the Content is strictly prohibited without the prior written consent of Theo Presents. The Content covered by this restriction includes any text, graphics logos, photographs, audio and video materials and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards and merchandise, unless you have obtained the prior written consent of Theo Presents or unless it is explicitly permitted by Theo Presents on any of it’s official sites. This prohibition applies even if you do not intend to charge a fee for the derivative materials, but intend to give them away for free.

Online Behavior of Users: All users who visit, link to, participate on and access the Theo Present’s official sites agree , whether directly or indirectly, not to,

defame, abuse, harass or threaten others

make, post, or distribute any content that contradicts social courtesy and respectfulness of others

post or distribute any material that infringes and/or violates any right of the company’s property ownership, including third party intellectual property

reverse engineer any portion on the Site

restrict or inhibit others from using the Site

spoof or otherwise impersonate any individual, representative or entity

violate or attempt to violate the security or integrity of the Site or of any computer system

Collection and Use of Personally Identifiable Information
Theo Presents is dedicated to respecting the privacy of it’s users and customers. For specific information and guidelines involving the submission, collection and use of visitor, customer and user personal information, visit www.theopresents.com. Theo Presents will never sell, rent, or barter any of it’s users’ personally identifiable information. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Any visitor who uses the Theo Presents’ site agrees by presence that they accept to the terms and conditions stated in the Privacy Policy and Terms of Use of the website.

Refund Policy for Online Merchandise Only
The purchase of any digitally downloaded item is final and no refunds will be given. Goods other than digitally downloaded items such as DVDS, books, and other tangible merchandise may be returned for a full refund or an exchange up to 30 days after purchase. Refunds or exchanges will be granted only for undamaged and unopened products with proof of purchase.

User Reviews, Comments and Other Materials
Your Posts: As opportunity presents itself, Whitestone Media, at its sole discretion, may permit and allow users to post, submit or transmit a message, review, comment or other material, subject to the following guidelines.

Post only relevant information to Theo Presents. Any post that contains unsuitable material or improper claims will be removed at Whitestone Media’s sole discretion. Users shall not post personal information, such as full names, e-mail addresses, street addresses, telephone numbers and the like.

Users shall not post the works of others without attribution or materials that would infringe the copyright or other intellectual property rights of others. By submitting a post, users are agreeing that the material is completely their own (unless quoted with attribution) and does not violate the rights, including intellectual property, of any other individual or entity. Users are responsible to pay for any fees, royalties, damages or any other payments owed or which may be owed in the future to any owner of intellectual property rights posted by a user. Theo Presents does not promise any confidentiality in regards to any posted information by its users.

Theo Presents does not claim any ownership right to posts or content material by users of any Theo Presents’ sites. By posting your user material, you grant Theo Presents a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works from, publicly perform, and publish such user material throughout the world, in any media format and any media channels now know or hereinafter created. The license you grant to Theo Presents is non-exclusive (meaning you are free to license your user materials to anyone else in addition to Theo Presents), is royalty free( meaning that Theo Presents is not required to pay you for the use of your user materials), and can be sub-licensed. (meaning that Theo Presents can sublicense its affiliates, subcontractors and other partners under this licenses). By posting your user materials, you are also granting each user of the Theo Presents’ sites a non-exclusive limited license to access your user materials through the sites and to use, display, reproduce, distribute, and perform such user material as permitted through the functionality of the Theo Presents company and through these terms of use.

Theo Presents does not endorse the opinions or content stated by other users in their user materials. Theo Presents reserves the right, but has no obligation, to monitor user materials and to restrict or remove user material that Theo Presents determines to be inappropriate or unsuitable. In no event does Theo Presents assume any responsibility or liability whatsoever for any user material and you agree to waive any legal or equitable rights or remedies you may have against Theo Presents with respect to such user material and to indemnify Theo Presents for all costs, damages and attorney’s fees that may be incurred as a result of any third party claim made against Theo Presents as a result of a posting by a user. Users are encouraged to notify the administration of Theo Presents of any such inappropriate content. Please e-mail the contact e-mail address listed below if you have any concerns.

Linked Websites and Advertising
If Theo Presents links or points to any other website, no inference or assumption should be made that we operate, control or otherwise are connected to those websites. When you click on a link within our sites, although we will make efforts to point out that you are leaving the site, we will not always be able to warn you that you are leaving our sites. Be careful to read the terms of use and privacy policy of any website before you provide any information or conduct any transactions. You should not rely on these terms of use for any other website.
Theo Presents is not responsible for the content or practices of any other website, even if it links to the Theo Presents site or any of Theo Presents’ affiliate sites. By using Theo Presents’ website, products, materials and content, you are acknowledging and agreeing that Theo Presents is not responsible or liable to you for any content or other materials hosted and served from any third party website.

Unsolicited Submissions
Theo Presents does not knowingly accept unsolicited submissions including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. By e-mailing or posting any submissions, you are granting Theo Presents a license to use it without any further compensation or attribution.

Disclaimer of Warranties, Limitation of Liability and Indemnity
Theo Presents is dedicated to ensuring quality in all products and sites. Theo Presents disclaims any and all implied or expressed warranties as to its goods, whether intangible and tangible, and accepts no responsibility for a loss of profit or damages (direct, indirect, punitive, incidental, special, consequential or other) caused by the use of Theo Presents’ goods, including the use of information or content collected on Theo Presents’ sites. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers exclusions or limitations may not apply to you.

You agree to defend, indemnify and hold harmless the Theo Presents, its officers, directors, employees, affiliates, partners and any other related party from and against any and all liabilities, claims, damages, expenses (including reasonable attorney’s fees and costs) and other losses arising out of or in any way related to your breach or alleged breach of these terms and your use of the Theo Presents’ products, services and content.

Notice and Procedure for Claims or Copyright Infringement
If you believe that any content, user materials or other materials provided through the Theo Presents company, infringes your copyright you should notify Theo Presents of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement which Theo Presents receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Theo Presents Administration via our customer service e-mail listed below.

To be effective, the notification must be in writing and contain the following information

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on Theo Presents that is reasonably sufficient to enable Theo Presents to identify and locate the material;

how Theo Presents can contact you;

a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate an that you are the copyright owner or authorized to act on the copyright owner’s behalf.